PAD 525 final exam

QUESTION 1

1. Which of the following is most likely to be governed by states’ laws?

		Interstate highways
		Estates, inheritances, wills, and trusts
		Copyrights, patents, and trademarks
		Treaties with nations

2 points

QUESTION 2

1. The following is an accurate description of state constitutions:

		Each state has the exact same form of constitution as prescribed by the U.S. Constitution
		State constitutions widely vary in structure but declare exactly the same individual rights as the U.S. Constitution
		States are prohibited from having their own constitutions by the U.S Constitution
		State constitutions have the same basic three-branch structure but vary in the details of government organization and declarations of individual rights

2 points

QUESTION 3

1. Which of the following is most likely to be primarily governed by federal law:

		Real estate conveyances, mortgages, and taxes
		Estates, inheritances, wills, and trusts
		Copyrights, patents, and trademarks
		Noise and nuisances

2 points

QUESTION 4

1. The following describes the common law:

		Laws adopted by legislatures
		Laws incorporated from foreign jurisdictions
		Laws based on constitutional principles
		Laws developed by judges for matters not covered by statutes, by which later courts abide

2 points

QUESTION 5

1. In what part of the U.S. Constitution is freedom of speech identified?

		Article I
		First Amendment
		Fifth Amendment
		Tenth Amendment

2 points

QUESTION 6

1. The law found to be unconstitutional in Griswold v. Connecticut was:

		repealed by a representative legislature but reinstated by two state courts
		Enacted by a representative legislature and upheld by two state courts
		Repealed by a representative legislature but reinstated by the U.S. Supreme Court
		A common law rule recently developed by state courts

2 points

QUESTION 7

1. The Bill of Rights was:

		Part of the original U.S Constitution
		Added to the U.S. Constitution during the first Congress to address concerns about protection of individual rights not expressly protected
		Rejected during ratification of the U.S .Constitution but individually added as amendments over the course of the next century
		Stated as an ideal but never part of the U.S. Constitution

2 points

QUESTION 8

1. In Griswold v. Connecticut, on what basis did concurring Justice Goldberg see authority in the Ninth Amendment for a right of privacy?

		The right of free association
		Reservation to the people of fundamental rights not expressly stated in the Bill of Rights
		Reservation to the states of the power to declare additional constitutional rights
		The right of free expression

2 points

QUESTION 9

1. In what part of the U.S. Constitution does an Equal Protection Clause appear?

		First and Fifth Amendments
		Only the Fifth Amendment
		Fifth and Fourteenth Amendments
		Only the Fourteenth Amendment

2 points

QUESTION 10

1. The U.S. Supreme Court held that separate public schools were inherently unequal in:

		Brown v. Board of Education
		Bolling v. Sharpe
		Plessy v. Ferguson
		Harris v. Davis

2 points

QUESTION 11

1. Use of numerical quotas to achieve racial diversity was:

		Held to be unconstitutional in Brown v. Board of Education
		Held to be constitutional in Grutter v. Bolinger
		Held to be constitutional in Regents of Univ. of Cal. v. Bakke
		Held to be unconstitutional in Regents of Univ. of Cal. v. Bakke

2 points

QUESTION 12

1. In what part of the U.S. Constitution does a Due Process Clause appear?

		First and Fifth Amendments
		Only the Fifth Amendment
		Fifth and Fourteenth Amendments
		Only the Fourteenth Amendment

2 points

QUESTION 13

1. To what extent is expressive conduct protected by the First Amendment?

		Not at all
		Government may not restrict expressive conduct unless the conduct is accompanied with spoken or written statements
		Government has a freer hand in restricting expressive conduct than the written or spoken word but may not prohibit particular conduct merely because it has expressive elements
		Government may not restrict expressive conduct if accompanied with statements

2 points

QUESTION 14

1. To what extent must a religion be well established in history for its practices to be protected under the First Amendment?

		It need not be
		It must be well-established or logically derived from a well-established religion
		It must meet community religious standards
		It must meet national religious standards

2 points

QUESTION 15

1. Which of the following does the First Amendment provide with respect to freedom of speech?

		“Congress shall make no law . . . abridging the reasonable freedom of speech”
		“Congress shall make no law . . . abridging the freedom of speech”
		“Congress shall make no unreasonable law restricting the freedom of speech”
		“Congress shall protect the reasonable freedom of speech”

2 points

QUESTION 16

1. Which of the following is the most correct description of state public records laws?

		They vary in their details but in essence are similar to the federal Freedom of Information Act
		There are none
		By federal law they must be the same as the federal Freedom of Information Act
		They apply only to local governments and not to state government

2 points

QUESTION 17

1. To whom does the federal Government in the Sunshine Act apply?

		Federal agencies
		Congress
		U.S. Supreme Court
		U.S. military

2 points

QUESTION 18

1. What was at issue the 1971 U.S. Supreme Court case of New York Times Co. v. United States?

		The right of the press to obtain public records
		The right of the press to participate in government proceedings
		The authority of the executive to obtain court restraint of a publication
		The authority of the courts to order the executive to release information

2 points

QUESTION 19

1. Which of the following is the language from the First Amendment regarding the freedom of the press?

		“Congress shall make no law . . . abridging the freedom of . . . the press”
		“Congress shall make no law . . . restricting the right of the press to information”
		“No law shall prohibit the right of the press to full access to information”
		“Congress shall protect the reasonable freedom of the press”

2 points

QUESTION 20

1. All of the following can be registered with the U.S. Patent and Trademark Office except:

		Trade secrets
		Patents
		Copyrights
		Trademarks

2 points

QUESTION 21

1. What payment does the U.S. Constitution require to the owner when government acquires property through use of eminent domain?

		No payment is required if the taking is for public use
		Fair market value of what is taken
		No payment is required
		The value determined by the power doing the taking provided it is not irrational

2 points

QUESTION 22

1. The U.S. Supreme Court has held that local zoning regulations are constitutional if:

		They bear a rational relation to the health and safety of the community
		They are uniformly applied throughout the state
		They do not restrict commercial development
		Owners are paid fair market value compensation if the uses of their property are restricted

2 points

QUESTION 23

1. In a corporation the following have the legal authority to make fundamental decisions about corporate existence:

		Vice presidents
		Shareholders
		Partners
		Managers

2 points

QUESTION 24

1. Limited liability companies are a popular form of business entity because:

		They require no formal organizational steps
		They pay no federal taxes
		They offer the liability protections of a corporation but there is no tax at the entity level
		The entity has no liability

2 points

QUESTION 25

1. The federal rules for general government contracting requirements are the:

		Code of Federal Regulations
		Federal Acquisition Regulation
		U.S. Code of Contracts
		Federal Contracting Rules

2 points

QUESTION 26

1. The following is the most accurate description of a public employer’s legal right to consider political affiliation in hiring and termination decisions:

		It may be considered if the employee’s political beliefs with interfere with discharge of public duties in a policymaking or confidential position
		It may never be considered
		It may only be considered if a statute specifies it as a consideration for the position
		It may always be considered if the employee’s political beliefs are not the same as the elected officials

2 points

QUESTION 27

1. Under the usual state whistleblower law a public employee:

		May always recover damages whenever an employer has caused harm with illegal conduct
		Has a right to testify about an employer’s trade secrets when the employer has violated the civil rights laws
		May be reinstated if terminated for pursuing a legally protected right
		May campaign against a employer who is an elected official

2 points

QUESTION 28

1. Title VII of the Civil Rights Act of 1964:

		Prohibits employers from discrimination against an individual in employment based religion
		Prohibits employees from engaging in political activity while employed
		Gives employees the right to retirement benefits
		Gives employees the right to form unions

2 points

QUESTION 29

1. The Age Discrimination in Employment Act applies to employees who are at least the following age:

		40
		50
		60
		65

2 points

QUESTION 30

1. In a tort claim punitive damages are:

		Always recoverable
		Recoverable in some jurisdictions under certain circumstances if not arbitrary or irrational
		Not recoverable in any jurisdiction
		Unconstitutional unless authorized by statute

2 points

QUESTION 31

1. Medical expenses for injuries suffered as a result of someone else’s negligence would be considered what kind of damages?

		Pain and suffering
		Expectancy
		Mitigation
		Compensatory

2 points

QUESTION 32

1. The Federal Tort Claims Act:

		Prohibits all tort claims against a federal employee
		Authorizes suits for injury caused by a state employee acting within the scope of employment
		Authorizes suits for injury caused by a negligent act of a federal employee acting within the scope of employment
		Allows suits only against state supervising officials and not federal employees

2 points

QUESTION 33

1. The Fourth Amendment prohibits

		Unreasonable searches and seizures
		Arrest without an indictment
		Searches and seizures without a court order
		Warrants based on probable cause as determined by judges

2 points

QUESTION 34

1. The compilation of all federal rules currently in effect is:

		Code of Federal Regulations
		U.S. Code
		Federal Register
		U.S. Code Annotated

2 points

QUESTION 35

1. The federal Administrative Procedure Act was enacted in:

		1789
		1865
		1946
		1964

2 points

QUESTION 36

1. An agency rule that explains an agency’s understanding of the law or its regulations is known as:

		Substantive
		Interpretive
		Procedural
		Appellate

2 points

QUESTION 37

1. An elected public official who improperly applies public property to personal use:

		Cannot be prosecuted because elected officials have immunity
		May be subject to criminal prosecution for embezzlement
		Cannot be prosecuted unless more than $100,000 was taken
		Cannot be prosecuted because all public officials have sovereign immunity

2 points

QUESTION 38

1. Local government ethics rules tend to:

		Be more specific and more rigorously enforced than at the federal or state level of government
		Be more general and aspirational than at the federal or state level of government
		Mirror the rules that apply to federal agencies
		Be tied to strict criminal sanctions

2 points

QUESTION 39

1. State ethics laws:

		Always apply to all state and local officials and employees
		Only apply to municipal employees
		Vary in their application but usually apply to state public officials and some public employees
		Always apply only to elected officials

2 points

QUESTION 40

1. In a mediation:

		The dispute is submitted to a third party who issues a binding decision
		The parties submit their arguments to a panel that recommends a decision to a judge
		A third party leads the parties and their lawyers through a discussion intended to result in a voluntary agreement
		A third party gives a non-binding opinion about which of the parties has the better case

2 points

QUESTION 41

1. Injunctive relief is:

		A court order that someone do or not do something
		An award of damages equal to actual economic loss
		A public apology
		Only awarded to the government

2 points

QUESTION 42

1. In litigation, the plaintiff:

		Is the party initiating the lawsuit with a claim
		Is the party against whom the lawsuit is initiated
		Is prohibited from seeking relief in the case
		Is not a party in the case

2 points

QUESTION 43

1. Which of the following representations by a lawyer to a court during a trial would likely be a breach of the lawyer’s professional obligations?

		“The state supreme court may have recently ruled against us on this issue, but there are good reasons why this court should adopt a different approach.”
		“You have heard two conflicting versions of the facts, and I urge you to conclude that my client’s version is more believable.”
		“You have heard two conflicting versions of the facts, and I urge you to conclude that my opponent’s version is not credible.”
		“I have been around a long time and I have had many clients, and I can stake my personal reputation on the fact that my client’s testimony is truthful.”

2 points

QUESTION 44

1. Under which of the following circumstances may a lawyer disclose a confidential client-lawyer communication?

		If the lawyer determines that the disclosure is in the client’s best interest
		If the client consents
		If the lawyer determines that the disclosure is reasonably necessary
		Whenever the lawyer chooses to do so

2 points

QUESTION 45

1. A lawyer is licensed to give advice in a specialty area, such as real estate law, only if:

		The lawyer passes a state specialty exam and receives specialty certification
		The lawyer completes a professional certification course in the specialty
		The lawyer passes a federal specialty exam and receives specialty certification
		The lawyer is licensed to practice law within the jurisdiction

2 points

QUESTION 46

1. A lawyer who represented the government in a particular matter:

		May not represent private clients in the same matter if the lawyer was directly involved in behalf of the government
		Is not restricted in representation of private clients in the same matter
		May represent private clients in the same matter after one year after the lawyer’s government employment terminated
		May represent private clients in the same matter if the private clients consent

2 points

QUESTION 47

1. A series of publications that provide a means of checking cases, statutes, and other authority for subsequent and related authority is:

		Law Revisions
		American Jurisprudence
		Shepard’s
		American Law Reports

2 points

QUESTION 48

1. C.F.R. stands for:

		Combined Federal Rules
		Code of Federal Regulations
		Court Finding Register
		Clearinghouse of First Rules

2 points

QUESTION 49

1. In an A.L.R. you would find:

		International treaties
		State code sections
		Articles that summarize and organize federal and state law on particular topics
		Administrative rules

2 points

QUESTION 50

1. Local government ordinances are published:

		By the local governments and often included in the Municode data base
		By the state governments as part of the state code
		By the federal government as part of the state codes
		In Shepard’s

Field of study:

Law

Answer

PAD 525 final Exam

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